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Enrolled Senate Bill No. 2059

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Enrolled Senate Bill No. 2059 Sixty-seventh Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 5, 2021 SENATE BILL NO. 2059 (Judiciary Committee) (At the request of the State Board of Pharmacy) AN ACT to amend and reenact subsection 18 of section 19-03.1-01 and sections 19-03.1-05, 19-03.1-07, 19-03.1-11, and 19-03.1-13 of the North Dakota Century Code, relating to the definition of marijuana and the scheduling of controlled substances; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Subsection 18 of section 19-03.1-01 of the North Dakota Century Code is amended and reenacted as follows: 18. "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include: a. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; b. Hemp as defined in chapter 4.1 - 18.1; or c. A prescription drug approved by the United States food and drug administration under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355]. SECTION 2. AMENDMENT. Section 19-03.1-05 of the North Dakota Century Code is amended and reenacted as follows: 19-03.1-05. Schedule I. 1. The controlled substances listed in this section are included in schedule I. 2. Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. 3. Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation: a. Acetylmethadol. b. Allylprodine. S. B. NO. 2059 - PAGE 2 c. Alphacetylmethadol. d. Alphameprodine. e. Alphamethadol. f. Benzethidine. g. Betacetylmethadol. h. Betameprodine. i. Betamethadol. j. Betaprodine. k. Brorphine. l. Clonitazene. l.m. Dextromoramide. m.n. Diampromide. n.o. Diethylthiambutene. o.p. Difenoxin. p.q. Dimenoxadol. q.r. Dimepheptanol. r.s. Dimethylthiambutene. s.t. Dioxaphetyl butyrate. t.u. Dipipanone. u.v. Ethylmethylthiambutene. v.w. Etonitazene. w.x. Etoxeridine. x.y. Furethidine. y.z. Hydroxypethidine. z.aa. Isotonitazene. bb. Ketobemidone. aa.cc. Levomoramide. bb.dd. Levophenacylmorphan. cc.ee. Morpheridine. dd.ff. MPPP (also known as 1-methyl-4-phenyl-4-propionoxypiperidine). ee.gg Noracymethadol. S. B. NO. 2059 - PAGE 3 ff.hh. Norlevorphanol. gg.ii. Normethadone. hh.jj. Norpipanone. ii.kk. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-acetoxypiperidine). jj.ll. Phenadoxone. kk.mm. Phenampromide. ll.nn. Phenomorphan. mm.oo. Phenoperidine. nn.pp. Piritramide. oo.qq. Proheptazine. pp.rr. Properidine. qq.ss. Propiram. rr.tt. Racemoramide. ss.uu. Tilidine. tt.vv. Trimeperidine. uu.ww. 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as U- 47700). vv.xx. 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (also know as MT-45). ww.yy. 3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl]methyl}benzamide (also known as AH- 7921). zz. Zipeprol. xx.aaa. Fentanyl derivatives. Unless specifically excepted or unless listed in another schedule or are not FDA approved drugs, and are derived from N-(1-(2-Phenylethyl)-4-piperidinyl)-N- phenylpropanamide (Fentanyl) by any substitution on or replacement of the phenethyl group, any substitution on the piperidine ring, any substitution on or replacement of the propanamide group, any substitution on the anilido phenyl group, or any combination of the above. Examples include: (1) N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide (also known as Acetyl-alpha-methylfentanyl). (2) N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2- phenylethyl)-4-(N-propanilido)piperidine (also known as Alpha-methylfentanyl). (3) N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also known as Alpha-methylthiofentanyl). (4) N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide (also known as Beta-hydroxyfentanyl). (5) N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide (also known as Beta-hydroxy-3-methylfentanyl). S. B. NO. 2059 - PAGE 4 (6) N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (also known as 3- Methylfentanyl). (7) N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (also known as 3-Methylthiofentanyl). (8) N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide (also known as Para-fluorofentanyl). (9) N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide (also known as Thiofentanyl). (10) N-(1-phenylethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (also known as Furanyl Fentanyl). (11) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N- phenylbutanamide (also known as Butyryl Fentanyl). (12) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide; N-[1- [2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide (also known as Beta-Hydroxythiofentanyl). (13) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Acetyl Fentanyl). (14) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (also known as Acryl Fentanyl). (15) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (also known as Valeryl Fentanyl). (16) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known as 4- Fluoroisobutyryl Fentanyl). (17) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (also known as Ortho- fluorofentanyl, 2-Fluorofentanyl). (18) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (also known as Tetrahydrofuranyl Fentanyl). (19) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (also known as Methoxyacetyl Fentanyl). (20) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (also known as Cyclopropyl Fentanyl). (21) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (also known as Ocfentanil). (22) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (also known as Cyclopentyl Fentanyl). (23) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (also known as Isobutyryl Fentanyl). (24) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (also known as Para- chloroisobutyryl Fentanyl). (25) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as Para- methoxybutyryl Fentanyl). S. B. NO. 2059 - PAGE 5 (26) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (also known as Para- fluorobutyryl Fentanyl). (27) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide (also known as 2'-fluoro Ortho-fluorofentanyl). (28) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (also known as Ortho- methyl Acetylfentanyl). (29) N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (also known as Beta'- phenyl Fentanyl and Hydrocinnamoyl Fentanyl). (30) N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide (also known as Thiofuranyl Fentanyl). (31) (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (also known as Crotonyl Fentanyl). 4. Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: a. Acetorphine. b. Acetyldihydrocodeine. c. Benzylmorphine. d. Codeine methylbromide. e. Codeine-N-Oxide. f. Cyprenorphine. g. Desomorphine. h. Dihydromorphine. i. Drotebanol. j. Etorphine (except hydrochloride salt). k. Heroin. l. Hydromorphinol. m. Methyldesorphine. n. Methyldihydromorphine. o. Morphine methylbromide. p. Morphine methylsulfonate. q. Morphine-N-Oxide. r. Myrophine. s. Nicocodeine. S. B. NO. 2059 - PAGE 6 t. Nicomorphine. u. Normorphine. v. Pholcodine. w. Thebacon. 5. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "isomer" includes the optical, position, and geometric isomers): a. Alpha-ethyltryptamine, its optical isomers, salts, and
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